Shewan v Att. Gen. [2006] JLR 79 (27 January 2006)

Shewan v Att. Gen. [2006] JLR 79 (27 January 2006)

Despite animosity between victim and accused, spontaneous statements made immediately after a dramatic offence are admissible as res gestae if there is no real risk of concoction or reasoned reflection.

Citation
[2006] JLR 79
Parties
Victim: Shewan; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
27 January 2006
Procedural Posture
Criminal Appeal / Judgment
Outcome
admissibility affirmed
Legal Topics
Hearsay, Res Gestae, Admissibility of Statements
Criminal Law Evidence Hearsay Res Gestae Admissibility of Statements

Case Brief

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Parties

Shewan

Victim

Attorney General

Prosecutor

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether statements by victim to third parties identifying offender immediately after assault are admissible as res gestae hearsay

Ratio Decidendi

Despite animosity between victim and accused, spontaneous statements made immediately after a dramatic offence are admissible as res gestae if there is no real risk of concoction or reasoned reflection.

Court Disposition

admissibility affirmed